Midland Park Mall announces gun ban

By Cale Ottens | cottens@mrt.com

Published 3:57 pm, Wednesday, February 26, 2014

Photo: JAMES DURBIN

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A sign posted outside Midland Park Mall bans a person from entering the property with a concealed handgun, even if the person has a lawfully issued permit to carry a concealed handgun. The signage is legal under section 30.06 of Texas Penal Code which grants property owners the right to ban concealed permit holders from entering. James Durbin/Reporter-Telegram less

A sign posted outside Midland Park Mall bans a person from entering the property with a concealed handgun, even if the person has a lawfully issued permit to carry a concealed handgun. The signage is legal ... more

Photo: JAMES DURBIN

Midland Park Mall announces gun ban

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The Midland Park Mall recently installed signs in front of each of its main entrances that ban customers from carrying any weapon inside the shopping mall.

There are no signs posted in front of entrances to department stores though.

The weapon ban is not a new policy for the mall, owned by Indianapolis-based Simon Property Group, Inc., according to a written statement from Manager Kevin Church.

"Possession of any weapon at Simon malls, whether concealed or displayed openly, is in violation of mall policy,” Church’s statement said. “This policy is intended first and foremost to maintain a safe, secure and comfortable environment at our malls, which has always been our top priority, and to avoid any situation that could potentially place at risk the safety of our shoppers and employees.”

However, Texas law states that residents who have a license to carry a concealed handgun are within their rights unless they are notified either orally or via written communication by a business owner that handguns are prohibited. Someone with apparent authority to act for the owner can also provide the notice, according to Texas Penal Code - Section 30.06.

“Written communication” can include a card or other document that states the law or a sign posted on the property, according to the law.

A sign that’s posted on the property must state the law in both English and Spanish, appear in contrasting colors with block letters that are at least 1-inch high and is “displayed in a conspicuous manner clearly visible to the public,” the law states.

The new signs at Midland Park Mall meet the law’s standards and are written in black letters on a green sign.

Church only released a written statement and was not available for an interview to address why there are no signs in front of the entrances to the mall’s department stores.

Violation of the law is a misdemeanor offense, the law states.

“Simon malls are private property, and like virtually every other facility in the community that is accessible by the public, ownership/management has the right to prohibit the possession of weapons, both displayed or concealed, other than licensed weapons carried by law enforcement personnel,” Church’s statement said.

The Music City Mall in Odessa has also prohibited weapons ever since it opened, said Marc Contreras, director of security for ICA Properties, Inc., which owns the mall.

The ban is posted on code of conduct signs in front of every mall entrance, he said, noting that no weapons of any kind are allowed inside the mall.